Surya @ Bendu Surya v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.03.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Surya @ Bendu Surya ..Petitioner Vs.

State represented by The Inspector of Police, K-2, Ayanavaram Police Station, Chennai District.

(Crime No.69 of 2023). ...Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.69 of 2023 pending on the file of the respondent Police. For petitioner : Mr.A.Samson For Respondent : Mr.L.Baskaran Govt. Advocate (Crl. Side)

ORDER

The petitioner, who was remanded to judicial custody on 22.02.2023 for the offences registered by the respondent Police under 1/4

Section 307 IPC in Crime No.69 of 2023 on the file of the respondent, seeks bail.

2.The case of the prosecution is that the accused assaulted the police with knife and tried to escape from the spot. Subsequently, the accused cut one Saravana Kumar and Amanutheen with knife. Then the respondent Police shot the accused in his leg. 3.The learned Government Advocate (crl.side) stated that the final report has not yet been filed.

4.Taking all the factors into consideration and the period of incarceration, this Court is inclined to grant bail to the petitioner subject to the following conditions:

5.Accordingly, the petitioner is ordered to be released on bail on condition to execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, (out of which, one must be the mother of the petitioner) each for a like sum to the satisfaction of the learned V Metropolitan Magistrate, Egmore and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate 2/4

may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders. [c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

19.03.2024 vkr 3/4

C.V.KARTHIKEYAN.

J.

vkr To 1.The V Metropolitan Magistrate, Egmore.

2. The Central Prison, Puzhal II.

3.The Inspector of Police, K-2, Ayanavaram Police Station, Chennai District.

4.The Public Prosecutor, High Court of Madras. 19.03.2024 (5/5) 4/4